Civ Pro I

Question 1

Specific Personal Jurisdiction

Answer 1

A court may exercise specific personal jurisdiction when the defendant has sufficient minimum contacts within the forum state, such that subjecting the defendant to jurisdiction does not offend traditional notions of fair play and substantial justice. The cause of action must arise out of the defendant’s contacts within the forum state.

Question 2

Sufficient Minimum Contacts

Answer 2

A defendant will be seen to have sufficient minimum contacts within the forum state when they have purposely availed themselves of the benefits and privileges of the forum state, or directed their activities within the forum state. Unilateral conduct on the part of a third party would not be enough to establish sufficient minimum contacts.

Question 3

General Personal Jurisdiction

Answer 3

A court may exercise general personal jurisdiction over a person who has continuous and systematic contacts within the forum state. For a corporation, general jurisdiction applies in the state in which the corporation is “at home”.

Question 4

Transient Jurisdiction

Answer 4

When a defendant is served with process while voluntarily and physically present within the forum state. A defendant can then be sued for anything, being a subset of general personal jurisdiction.

Question 5

Subject Matter Jurisdiction

Answer 5

A Federal Court may exercise subject matter jurisdiction for causes of action that:

1. concern a federal question; or
2. when there is complete diversity between and among all the parties, and the amount in controversy exceeds $75,000, exclusive of interests and costs.

Question 6

Well Pleaded Complaint Rule

Answer 6

The federal question must be contained within the charging allegations of the complaint. If the federal question only arises in connection with an anticipated defense, even if that defense will predominate the lawsuit, then subject matter jurisdiction does not exist.

Question 7

Subject Matter Jurisdiction - Diversity

Answer 7

A federal court may exercise subject matter jurisdiction based on diversity when there is complete diversity between and among all plaintiffs and all defendants, and the amount in controversy exceeds the statutory minimum, currently set at $75,000, exclusive of interest and costs.

Question 8

State Court Jurisdiction

Answer 8

State courts are courts of general subject matter jurisdiction. State courts can hear all cases, even those that concern a federal question. The only cases that state courts cannot hear are those that are excluded by the Constitution as being exclusively reserved for federal courts (Maritime, bankruptcy, patent, etc).

Question 9

Venue

Answer 9

U.S.C. §1391

1. Venue is proper in a district in which any defendant resides, if all defendants reside in the same state.
2. If defendants are citizens of different states, then venue is proper in the district in which the acts or omissions giving rise to the cause of action occurred.
3. If there is no available district where the acts or omissions occurred (international waters), then venue is proper in any district where any defendant is subject to personal jurisdiction. (Only use this as a last option - prongs one and two are equally preferable)

Question 10

Consent to Personal Jurisdiction

Answer 10

Plaintiff has consented by invoking the courts authority.

Defendant has consented if an objection to personal jurisdiction is not brought up in the first responsive pleading.

Question 11

“At Home”

Answer 11

A corporation is said to be “at home” where its largest presence is, regardless of its state of incorporation or the state in which its headquarters is located.

Question 12

Home Grown Defendant Rule

Answer 12

If a defendant is a resident of the state in which the case is filed, they are barred from removing the case from state court to federal court on the basis of diversity, even if there is an otherwise valid basis for federal subject matter jurisdiction based upon diversity. This does not apply to cases based on federal question (they can be removed).

Question 13

Federal Question

Answer 13

1. The cause of action arises under the laws, treaties, or Constitution of the United States.
2. There is no amount in controversy requirement

Question 14

Supplemental Jurisdiction

Answer 14

A federal court may exercise supplemental jurisdiction over state based claims that arise out of the same case or controversy. The federal court may decline to hear the supplemental claims if:
1. The claim raises a novel or complex issue of state law
2. The claim substantially predominates all claims over
which the court has original jurisdiction
3. The district court has dismissed all claims over which it
has original jurisdiction
4. In exceptional circumstances, there are other compelling
reasons for declining jurisdiction.

Question 15

Diversity - Aggregation of Claims

Answer 15

If a single plaintiff has multiple causes of action against a single defendant, that plaintiff may aggregate the amount in controversy in each of the separate claims in order to meet the statutory minimum of $75,000.

Question 16

Diversity - Citizenship of Individuals

Answer 16

1. U.S. Citizens - citizenship refers to their domiciliary (the place in which the individual resides, with an intent to remain indefinitely).
2. Aliens - Aliens admitted to the United States for permanent residence are deemed citizens of the states in which they are domiciled for purposes of determining diversity.
3. U.S. Citizens Living Abroad - An American citizen permanently living abroad can be deemed a citizen of the state where they were last domiciled.

Question 17

Diversity - Citizenship of Corporations

Answer 17

A corporation can be a citizen of two states - the state in which it is incorporated, and the state in which it has its principal place of business (the state in which a corporation has its headquarters or the state in which it runs the day to day business of the corporation).

Question 18

Pleading - Rule 8

Answer 18

A pleading that states a claim for relief must contain:

1. a short and plain statement of the grounds for the court’s jurisdiction;
2. a short and plain statement of the claim showing that the pleader is entitled to relief; and
3. a demand for the relief sought.

Question 19

Responsive Pleading

Answer 19

In responding to a pleading, a party must:

1. state in short and plain terms its defenses to each claim asserted against it; and
2. admit or deny the allegations asserted against it by an opposing party.

Question 20

General Denial

Answer 20

1. Indulges the legal fiction that everything in the complaint can be denied
2. It used to be that this was not allowed in federal court, and it is still frowned upon, but technically you can file a general denial.

Question 21

Specific Denial

Answer 21

Defendant denies the allegations of the complaint paragraph by paragraph. A failure to deny constitutes an admission.

Question 22

Rule 11(b)

Answer 22

1. Rule 11(b) states that by signing documents presented to the court, an attorney pledges that they have done the requisite research required and that to the best of their knowledge the information contained therein has a valid basis in law or in fact.

Question 23

Sanctions

Answer 23

An attorney is subject to sanctions (primarily monetary) when it is found that a pleading or motion that the attorney has signed violates Rule 11(b).

Question 24

Pre-Answer Motions

Answer 24

1. lack of subject-matter jurisdiction;
2. lack of personal jurisdiction;
3. improper venue;
4. insufficient process;
5. insufficient service of process;
6. failure to state a claim upon which relief can be granted; 7. failure to join a party under Rule 19.

Question 25

Removal

Answer 25

If the plaintiff originally files in state court, but there is a basis for federal subject matter jurisdiction (federal question or diversity), the defendant may petition to remove the case from state court to federal court. If there is a basis for federal subject matter jurisdiction, and the defendant has timely petitioned for removal, then the federal court must take jurisdiction (it is not discretionary).
a. In the case of multiple defendants, all defendants must
agree to remove the case.

Question 26

Remand

Answer 26

If the federal court mistakenly takes subject matter jurisdiction, and there is no valid basis for federal subject matter jurisdiction, then the federal court must remand the case back to state court.

Question 27

Federal Court Jurisdiction

Answer 27

Federal courts are courts of limited jurisdiction, and can hear two types of cases:

1. those that raise a Federal Question
2. those that are based on Diversity of Citizenship

Question 28

Summons & Service - Rule 4(c, e)

Answer 28

A summons must be served with a copy of the complaint by any person who is at least 18 years old and not a party to the suit. A party may be properly served by:
1. following state law for serving a summons in an action
brought in courts of general jurisdiction in the state
where the district court is located or where service is
made; or
2. delivering a copy of the summons and of the complaint
to the individual personally;
3. leaving a copy of the summons and of the complaint at
the individual’s dwelling with someone of suitable age
and discretion who resides there; or
4. delivering a copy to an authorized agent of the
individual

Question 29

Forum Non Conveniens

Answer 29

Common-law doctrine that an appropriate forum may divest itself of jurisdiction for the convenience of the litigants and the witnesses. Dismissal under forum non conveniens requires the existence of an appropriate alternative forum in which the case may be heard.

Question 30

Transfer (§1404)

Answer 30

Applies only to federal courts. Allows a federal court to move a civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented. The decision to transfer would be based on the burden to the parties, availability of evidence and witnesses, etc.

Question 31

Waiver of Defenses

Answer 31

A party waives those defenses listed in Rule 12(b)(2-5) by failing to state the defense in the first responsive pleading. These include:

2. lack of personal jurisdiction;
3. improper venue;
4. insufficient process;
5. insufficient service of process;

Question 32

Long-arm Statute

Answer 32

A statute providing for jurisdiction over a nonresident defendant who has had contacts with the territory where the statute is in effect. Most state long-arm statutes extend this jurisdiction to its constitutional limits.

Question 33

Waiving Service - Rule 4(d)

Answer 33

The plaintiff may notify a defendant via mail that an action has been commenced and request, in writing, that the defendant waive service of a summons.

Question 34

Serving a Corporation

Answer 34

1. Service may be brought in the manner prescribed for an
   individual by Rule 4(e); or
2. by delivering a copy of the summons and complaint to
   an authorized agent of the corporation, and if required
   by state statute, by also mailing a copy of the summons
   and complaint to the defendant.

Question 35

Collateral Attack

Answer 35

An attack on a judgment in a proceeding other than a direct appeal (e.g. divorce or default judgment example).

Question 36

Default Judgment - Personal Jurisdiction

Answer 36

A party served with summons who believes that the court lacks personal jurisdiction or authority to serve process may disregard the process and allow default to be taken. If an effort is later made to enforce the resulting default judgment, the party can argue that full faith and credit should not be given to the judgment because it was entered by a court without jurisdiction. However, if this argument is rejected, the defendant may not then defend on the merits.

Question 37

Full Faith and Credit Clause

Answer 37

The Full Faith and Credit Clause of the Constitution requires a state to recognize the validity of a judgment entered in another state, and to enforce it.

Question 38

Relation Back Doctrine - Rule 15(c)

Answer 38

A plaintiff can usually amend their complaint after the statute of limitations period otherwise would have run on the claim as long as the claim asserted in the amended pleading arose out of the same conduct, transaction, or occurrence set forth in the original pleadings.

Question 39

Stream of Commerce - Personal Jurisdiction

Answer 39

Merely placing an item in the stream of commerce, by itself, is generally not a sufficient basis for personal jurisdiction.

Question 40

Affirmative Defenses - Rule 8(c)(1)

Answer 40

A fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant’s otherwise unlawful conduct. Examples include res judicata, statute of frauds, and statute of limitations.